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Flammable and Combustible Liquids:
Installation and Other Requirements

A. Scope of Requirements

B. Installation and Inspection Requirements

C. Variance Requests

D. Complaints

E. Questions

F. Forms (All F & C Liquid Forms)

G. Combustible and Flammable Liquids Act and Regulations

H. Fee Schedule

A. Scope of Requirements

Under the Combustible and Flammable Liquids Act, the Department of Labor & Industry is responsible for approving the installation or relocation of tanks, pumps and dispensing devices associated with flammable and combustible liquids.

The covered liquids include ethanol, gasoline, naphtha, kerosene, fuel oil, or any other flammable or combustible liquid that is stored, sold or kept in any location, in an amount exceeding 30 gallons.

A “combustible liquid” is defined as a liquid having a flash point at or above 100ºF and below 200ºF.

A “flammable liquid” is defined as a liquid having a flash point below 100ºF and having a vapor pressure not exceeding 40 pounds per square inch absolute at 100ºF (Class I liquids).

The requirements of the Combustible and Flammable Liquids Act and its regulations do not apply to:

  • Refineries.
  • The storage, use and the like of flammable or combustible liquids in fuel tanks, containers or reservoirs that are integral components of motor vehicles.
  • The farm use or storage of motor fuels or any substance that facilitates the production of crops, livestock and livestock products. (This includes any tank in which these liquids may be stored in on a farm.)

Please note that there are other State requirements pertaining to the installation, maintenance and removal of aboveground and underground storage tanks. The Pennsylvania Department of Environmental Protection (DEP) enforces these requirements.

Click here to access the DEP web page dealing with these requirements.

B. Installation and Inspection Requirements

Owners (or their agents) must submit an application to the Department of Labor & Industry for approval before installing, replacing or relocating any tank, pump or drawing-off device (dispenser) that must comply with the requirements of the Combustible and Flammable Liquids Act.

All of the following must be filled out and submitted to the Department:

  1. One (1) copy of the Department’s F & C LIQUIDS INTENT TO INSTALL form (LIBI-703).

    If installing an attended, self-service fueling station, you must also submit:

    IMPORTANT NOTES:

    If the installation will involve Ethanol-85% tanks and related equipment, you must submit (in addition to the forms listed above) a copy of the Department’s E-85 INSTALLATION form (LIBI-706).

  2. A check or money order (payable to “Commonwealth of Pennsylvania”) for the fee listed here. *New- L&I is now offering expedited services (plan review performed within seven days of receipt and inspection within three days of receipt of written request) for an additional cost. It is also offering inspections outside of normal business hours (Monday-Friday 8 a.m.-5p.m., excluding holidays) upon written request from the applicant at an additional cost.

    If the installation involves a facility owned by the Commonwealth of Pennsylvania, no fee is charged.

  3. For new installations or the installation of new equipment that is not an in-kind replacement, three site plans detailing the equipment, it’s location and distances are required to be submitted along with the Intent to Install.

Mail the required information and payment (if required) to the following address:

PA DEPARTMENT OF LABOR & INDUSTRY
F&C SECTION
651 BOAS STREET, ROOM 1606
HARRISBURG, PA 17121

After the submission has been processed by the Central Collections Office, staff will review the submission for completeness and compliance with regulatory requirements. If the submission is incomplete or non-compliant (and the deficiencies cannot be corrected over the telephone), the application package will be returned for additional information.

If the application is complete and in compliance with all regulatory requirements, a copy of all application forms (with their permit numbers) will be mailed to the applicant. If the installation involves Ethanol-85, the applicant will also receive a copy of the Department’s E-85 INSTALLATION CERTIFICATION form (LIBI-707), a copy of which must be presented to the Department’s inspector and also kept on site.

The installation may then proceed. The work must be completed within one year of the application approval date.

When the work is completed, the applicant is required to call the L&I inspector whose name and phone number appears on the INTENT TO INSTALL form, to arrange for a safety inspection. This call should be made at least three days before the desired inspection date.

If the inspection is passed, the applicant will be issued a permit for the storage and handling of flammable and combustible liquids. This permit must be displayed at the site and made available for examination upon request.

Should the installation not match up with the installation described on the approved application or otherwise fail to comply with the regulations, the applicant will be issued a repair letter indicating all of the deficiencies that must be corrected. When all the deficiencies have been corrected, the applicant should indicate this on the letter and mail or fax it to the Department at:

PA DEPARTMENT OF LABOR & INDUSTRY
F&C SECTION
651 BOAS STREET, ROOM 1614
HARRISBURG, PA 17121
 
FAX: 717-705-7262

If the Department deems a re-inspection to be unnecessary, the applicant will then be issued a permit for the storage and handling of flammable and combustible liquids. This permit must be displayed at the site and made available for examination upon request. If a re-inspection is required, the required permit for the storage and handling of flammable and combustible liquids will not be issued, until the inspector has confirmed that all deficiencies have been corrected.

C. Variance Requests

If needed in the case of an initial installation or after a correction order has been issued by the Department, the owner (or his agent) may seek a variance from requirements found in the Flammable and Combustible Liquids (37 Pa Code, Chapters 11, 13, or 14).

If seeking a variance, an owner (or his agent) must submit the following to the Department:

  1. One (1) copy of the Department’s VARIANCE REQUEST: FLAMMABLE & COMBUSTIBLE LIQUIDS (LIIB-121).


  2. Two (2) copies of a site plan clearly showing the location of all tanks, pumps, and dispensers and the distances from any buildings and property lines. Additionally, if the variance pertains to the “line of sight” of the attendant, the applicant must include two (2) copies of a “line of sight” plan, showing the location of the attendant and distances to all dispensers.

  3. If an application package for an installation has not yet been submitted, include this information with the variance request (see section B above).
Mail these items to:
PA DEPARTMENT OF LABOR & INDUSTRY
F&C SECTION
651 BOAS STREET, ROOM 1606
HARRISBURG, PA 17121

Staff will review the variance request and submit it to the Pennsylvania Industrial Board, with a recommended action. The Industrial Board will communicate its decision to the applicant, shortly after the meeting at which the variance is considered.

D. Complaints

All written complaints about any installation subject to the requirements of the Combustible and Flammable Liquids Act will be investigated by the Department. These can be directed to the Department by fax or mail, using the following address or fax number:

PA DEPARTMENT OF LABOR & INDUSTRY
F&C SECTION
651 BOAS STREET, ROOM 1614
HARRISBURG, PA 17121

FAX: 717-705-7262

When a complaint alleging a violation is received (or should we discover violations in the course of performing other Department enforcement work), the alleged violation will be investigated. If hazardous conditions are discovered or non-compliance exists at an approved (or unapproved) installation, an L&I inspector is authorized to issue a written order (under Section 9 of Act 15), placing the tank, pump or dispensers “out-of’-service.” This order will state the corrective action needed. Before the owner can place the tank, pump or dispenser back into service, the L&I inspector must rescind the order previously issued. Should an owner fail to comply, the Department will enforce the order by prosecution before a district magistrate.

E. Questions

If you have questions about the Department of Labor & Industry’s requirements that are not answered on these web pages, write, call or fax:

PA DEPARTMENT OF LABOR & INDUSTRY
F&C SECTION
651 BOAS STREET, ROOM 1614
HARRISBURG, PA 17121

PHONE: 717-787-4713
FAX: 717-705-7262

F. Forms (All F & C Liquids Forms)

ATTENDED SELF-SERVICE STATION (LIBI-700)

F & C LIQUIDS INTENT TO INSTALL (LIBI-703)

ETHANOL-85 INSTALLATION (LIBI-706)

ETHANOL-85 INSTALLATION CERTIFICATION (LIBI-707)

INTENT TO INSTALL TANKS/PUMPS/DISPENSERS (LIBI-708)

VARIANCE REQUEST: FLAMMABLE & COMBUSTIBLE LIQUIDS (LIIB-121)

INTENT TO INSTALL COMPRESSED NATURAL GAS VEHICLE FUEL FACILITY (LIBI-804)

G. Combustible and Flammable Liquids Act and Regulations

Click on one of the links below to access a copy of the Combustible and Flammable Liquids Act and the regulations implementing this law.

Combustible and Flammable Liquids Act (Act 15 of 1998)

Flammable and Combustible Liquids Regulations